Supreme Court of the United States · Official docket →
Daryl Wendell Barley v. United States
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 20-6760 · judgment December 21, 2020
Questions presented
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Whether the "clear and; convincing evidence standard" should be used instead of the ?tpreponderance of evidence standard" when determining the revelant conduct in a First Step Act Reduction Motion under Sec. 404?
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Whether the Sixth Amendment protections for Effective Assis tance of Counsel are to be applied on the First Step Act Reduction Filings?
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Whether the Court should have Remanded for futher consideration of the First Step Act Sec. 401 , 851 changes, seeing that the Virginia prior used no longer qualifies today as a 851 predicate? ■i r
Counsel of record
For petitioner
Daryl Wendell Barley
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 4, 2021 · Certiorari denied
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 08 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 01 2021Waiver of right of respondent United States to respond filed.
- Jun 14 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2021)